Minister of Immigration Ahmed Hussen makes an announcement in Toronto on Jan. 14, 2019. (THE CANADIAN PRESS/Frank Gunn)

Online immigrant-sponsor application discriminatory, immigration lawyers say

The application is first-come-first-served

A new first-come-first-served online application for immigrants seeking to sponsor their parents and grandparents to come to Canada is being condemned as ”profoundly discriminatory” after the program opened and closed in less than 10 minutes on Monday.

All 27,000 openings for the family-reunification program in 2019 were spoken for within minutes of the application form’s going live online Monday, so anyone who had trouble filling the form out quickly — due to a disability, for instance — was screened out.

Toronto-based immigration lawyer Clifford McCarten is among many now raising concern about the fairness of access to the program, as only those with reliable Internet access, quick typing skills and good understanding of English or French would have had any hope of success.

“The system essentially collapsed and gave people a totally unfair expectation of how it would operate, as opposed to how it actually was deployed,” McCarten said.

He says instructions on how to complete the sponsorship application form advised that it would take roughly 10 minutes to complete, but the quota for the year was completely filled in much less time.

RELATED: Victoria lawyer urges B.C. law society to make pro bono work mandatory

Vancouver immigration lawyer Will Tao said misrepresentations or mistakes on immigration forms can come with severe consequences, so people with limited English or French would have been cautious and deliberate in filling this one out.

“It really was a recipe for disaster, a colossal failure,” Tao said. “There are individuals who, frankly, never were offered an equal opportunity to access this form or this process.”

This first-come-first-served online application for the family sponsorship program was announced in August as a replacement for a short-lived lottery-style process for taking sponsorship applications.

Before 2017, applications were prioritized based on geography and would have better odds for success if families could afford to pay for expensive immigration lawyers who knew how the system worked.

RELATED: Family fought hard, but together in Cowichan for Christmas

When it was announced in the summer, Immigration Minister Ahmed Hussen said he this new model would make the program fairer.

An initial analysis was done on Monday and no technical problems were identified with the system, says Mat Genest, a spokesman for Hussen.

Anti-bot features were also used to ensure all applications were legitimate and not from automated computer programs grabbing spots faster than humans could, he said.

With 100,000 people competing for 27,000 spots, there was simply more demand than there were spaces, Genest said.

RELATED: Canada to increase annual immigration admissions to 350,000 by 2021

But Tao has been gathering accounts from newcomers and other lawyers who tried to apply to this program on Monday, and says he has heard widespread concerns about technical problems.

“One of the big things was not even being able to see the form in the first place,” he said.

“There was some technological barrier that, for many of them waiting for hours beforehand, yet at the time they were never actually able to see the form so they never even got anywhere to start with.”

Tao says he is also looking at possible Charter implications, with so many concerns about fair access.

“Their system, by design, excludes a huge number of people for no other reason than their Internet connection, their ability to read English quickly and their ability to complete a complicated form and that can’t be how we justify family separation,” McCarten said. “Creating a rock concert-type approach to family reunification, which by design acts in a profoundly discriminatory way, is just not acceptable.”

The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Abbotsford’s Wark, Team B.C. have solid start at Scotties

National champion set to be crowned on Sunday

Bearcats men, Cascades women volleyball teams head to provincials

Pacwest regular season wraps up, teams head to Cranbrook starting Thursday

Cyrus Centre participates in 2019 Coldest Night of the Year Walk

Event on Saturday, Feb. 23 brings awareness about homelessness

Snowfall warning: 5-10 cm expected in Lower Mainland

The snowfall will start Tuesday and carry on into the evening, before tapering off Wednesday

Your daily commute and weather forecast: Feb. 19, 2019

Snowfall warning in the Valley today. Expect major delays on the highway with low visibility

‘Our entire municipality is heartbroken’: Seven children die in Halifax house fire

A man and woman remained in hospital Tuesday afternoon, the man with life-threatening injuries

B.C. hotel trashes Channing Tatum in favour of Ryan Reynolds

Tatum’s picture left in recycling bin, replaced with photo of Ryan Reynolds

B.C. firefighters rescue bear cub stuck up a tree

Family Day was eventful for cub, firefighters

Okanagan ski resort officials displeased with Family Day roll-out

From one peak of the Okanagan to the other, resort officials have raised concerns

B.C. high school robotics team ranked first in the world for programming

The Surrey team was also named tournament finalists at VEX Robotics Competition on Feb. 1

Man shot dead in front of Kamloops hotel may be case of mistaken identity: RCMP

Rex Gill, 44, was not previously known to Kamloops police unlike second shooting victim

New trial ordered over banning whales, dolphins at Vancouver aquarium

Park board’s appeal reverses previous decision that found it had no right to implement a ban

Payless to close 248 Canadian stores, saying it’s ‘ill-equipped’ for market

The company will begin closing stores at the end of March

Make sure measles shots up to date, Public Health Agency says

Measles causes high fever, coughing, sneezing and a widespread painful rash

Most Read